Execution cannot be filed by one decree holder against another decree holder
Sureka Nagendhran
(Querist) 08 September 2014
This query is : Resolved
Execution petition is filed by one Sect of Decree-holder with the implied knowlwdge of the other Sect. of the Decree-holders. the said execution petiiton is terminated. after a year, the other Sect of Decree-holders filed execution petition against the decree-holders who filed the first Execution petition.
In this my question is whether the Decree is executable against the Decree-Holders, if it is possible or not possible?
if any citation regarding this plse inform me.
with regards
N.Sureka
Raj Kumar Makkad
(Expert) 09 September 2014
The decree is required to be gone through prior to giving you definite reply because there may be some direction in the decree against the first sect of the petitioners who withdrew their petition.
T. Kalaiselvan, Advocate
(Expert) 13 September 2014
An EP can be filed by any one of the decree holder, in his individual capacity for his own claim or on behalf of all the decree holders too with their consent which has to be properly stated in the said EP. If the EP is terminated after an endorsement of Full satisfaction, there is no cause of action for a fresh EP, the other decree holders may have an option to file a recovery suit against the other decree holder who got the decree execute citing fraud played upon by the said petitioner/joint decree holder, if signature of other decree holders have been forged in the said EP, a criminal case u/s 420 may be lodged with the police or a private complaint may be filed before JM, you may discuss the issues with your colleagues and other seniors for further opinions.
